유류분반환
1. The Defendants each of the KRW 33,870,000 to the Plaintiff and 5% per annum from September 28, 2019 to January 27, 2021.
The plaintiff is the husband of the deceased D (hereinafter referred to as "the deceased"), and the defendants are the deceased's children.
The Deceased died on September 28, 2019, and the Plaintiff and his children E are legal successors of the Deceased.
On August 3, 2017, the Deceased donated each of 1/2 shares to the Defendants of the Busan-si F Apartment G (hereinafter “instant real estate”).
The instant real estate was the only property of the Deceased.
On April 20, 1995, the real estate of this case was registered for the establishment of the right to collateral security with the maximum amount of KRW 18.2 million, and on November 7, 2000, the Deceased acquired the confirmed obligation with immunity, and on August 4, 2017, the registration of establishment of the right to collateral security was cancelled on August 4, 2017.
After that, on September 27, 2019, 120,000 won with maximum amount of claims and 120,000 won with neighboring mortgagee H Co., Ltd. was established.
The market value of the instant real estate as of December 16, 2020 is KRW 244,00,000.
[Ground of recognition] The plaintiff's claim as to the plaintiff's legal reserve of 3/10 shares against the deceased's legal reserve of inheritance, Gap's evidence Nos. 1, 2, 3, and 4, the appraiser I's appraisal result, and the plaintiff's legal reserve of inheritance of 3/10 shares against the deceased's legal reserve of inheritance. The defendants received the deceased's property as gift and infringed
Since the real estate of this case was established after the donation, it is considerably difficult to return the original property, and thus, it is demanded to return the amount equivalent to the value thereof.
[In regard to this, the Defendants asserted that the Defendants paid medical expenses and supported the Plaintiff while living in the hospital, and that the Plaintiff provided conditional donation to the Defendants under the duty to support, and that the Plaintiff, who did not have the duty to support the Deceased, claims in this case against the good faith principle.
Judgment
According to Article 1114 of the Civil Act as to whether the instant real estate becomes the basic property for calculating the legal reserve of inheritance, the donation is the basic property for calculating the amount of oil only when it was performed between one year before the commencement of inheritance. However, both parties are the parties.